Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2000-180 of 3 March 2000 authorising the ratification of the Convention on the Safety of United Nations and Associated Personnel;
In light of Decree No. 46-35 of 4 January 1946 on the promulgation of the United Nations Charter containing the Status of the International Court of Justice, signed at San Francisco on 26 June 1945;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
:
The Convention on the Safety of United Nations and Associated Personnel, made in New York on 9 December 1994 and signed by France on 12 January 1995, will be published in the Official Journal of the French Republic.
The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
CONVENTION
ON THE SECURITY OF THE UNITED NATIONS PERSONNEL
AND OF THE ASSOCIATED PERSONNEL
States Parties to this Convention,
Deeply concerned The increasing number of deaths and injuries among United Nations personnel and associated personnel through deliberate attacks,
Bearing in mind that attacks or other ill-treatment against personnel who Act on behalf of the United Nations is unjustifiable and unacceptable, regardless of the perpetrators,
Recognizing that United Nations operations are conducted in the collective interest of the international community and in accordance with the The principles and purposes of the United Nations Charter,
Conscious of the important contribution United Nations staff and associated personnel make to the efforts of the United Nations in the fields of preventive diplomacy, Peacemaking, peacekeeping and peace-building and humanitarian and other operations,
Conscious of the existing arrangements to ensure the safety and security of United Nations and associated personnel, including Measures taken in this respect by the principal organs of the United Nations,
Recognising, however, that the measures currently in force for the protection of United Nations and associated personnel are Insufficient,
Conscious that the effectiveness and security of United Nations operations are reinforced when such operations are carried out with the consent and cooperation of the host State,
Demandant to all States where Staff of the United Nations and associated personnel shall be deployed and to all the others on which such staff shall be able to count to provide unqualified support in order to facilitate the conduct of United Nations operations and to ensure The fulfilment of their mandate,
Convinced of the need to urgently adopt appropriate and effective measures for the prevention of attacks against United Nations personnel and associated personnel, as well as for the punishment of
have agreed as follows:
Article 1
Definitions
For the purposes of this Convention:
a) " United Nations Staff " Means:
i) Persons employed or deployed by the Secretary-General of the United Nations as members of the military, police or civilian elements of a United Nations operation;
(ii) Other officials and experts on mission The United Nations or its specialized agencies or the International Atomic Energy Agency, which are in official capacity in the area where a United Nations operation is carried out;
(b) " Associated Personnel " Hears
i) Persons affected by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations;
ii) Persons engaged by the Secretary-General of the United Nations The United Nations, by a specialized agency or by the International Atomic Energy Agency; and
(iii) Persons deployed by a humanitarian non-governmental organization or institution pursuant to an agreement with the Secretary-General of the United Nations, with a specialized agency or with the International Atomic Energy Agency,
to carry out activities in support of the execution of the mandate of a United Nations operation;
(c) " United Nations Operation " Means an operation established by the competent organ of the United Nations in accordance with the United Nations Charter and conducted under the authority and control of the United Nations:
i) When the operation Seeks to maintain or restore international peace and security; or
(ii) When the Security Council or the General Assembly has declared for the purposes of this Convention that there is an exceptional risk to the security of personnel Participating in the operation;
d) " Host State " Means a State in whose territory a United Nations operation is carried out;
e) " Transit State " Means a State, other than the host State, on the territory of which personnel of the United Nations or associated personnel or equipment are in transit or are temporarily present as part of a United Nations operation.
Article 2
Scope
1. This Convention shall apply to United Nations and associated personnel and to United Nations operations, as defined in Article 1.
2. This Convention shall not apply to a United Nations operation authorized by the Security Council as a coercive action under Chapter VII of the United Nations Charter in respect of which staff are engaged as Combatant against organized armed forces and to which international armed conflict law applies.
Article 3
Identification
1. The military and police elements of a United Nations operation and their vehicles, ships and aircraft bear a distinctive mark of identification. The rest of the staff and the other vehicles, ships and aircraft used in the operation of the United Nations shall be properly identified unless otherwise decided by the Secretary-General of the United Nations United Nations.
2. Each member of the United Nations and associated personnel carries appropriate identification documents.
Article 4
Operation Status Agreements
Host State and The Organization shall conclude as soon as possible an agreement on the status of the operation and of all staff engaged in it, including provisions on the privileges and immunities of military and police elements Operation.
Article 5
Transit
The transit State facilitates the free movement of United Nations and associated personnel and their equipment to and from the State Host.
Article 6
Compliance and enforcement
1. Without prejudice to the privileges and immunities they may enjoy or the requirements of their functions, the staff of the United Nations and associated personnel:
(a) Comply with the laws and regulations of the host State and the transit State; and
(b) refrain from any action or activity incompatible with the impartiality and international character of their
. The Secretary-General of the United Nations shall take all appropriate measures to ensure compliance with these obligations.
Article 7
Ensuring the security of United Nations
United Nations personnel Associated personnel
1. United Nations staff and associated personnel, equipment and premises shall not be subject to any interference or action that prevents them from carrying out their mandate.
2. States Parties shall take all appropriate measures to ensure the safety of United Nations and associated personnel. States Parties shall, inter alia, take all appropriate measures to protect United Nations personnel and associated personnel deployed in their territory from the offences referred to in Article 9.
3. Each State Party shall cooperate with the United Nations and other States Parties, where appropriate, with a view to the implementation of this Convention, in particular in all cases where the host State is not itself able to take the Required measures.
Article 8
The obligation to release or return to the Organization United Nations personnel and associated personnel captured or detained
Unless otherwise provided by a possible Agreement on the status of forces, if members of the United Nations or associated personnel are captured or detained in the course of their duties and if their identity has been established, they shall not be subject to any They must be promptly released and returned to the United Nations or to another appropriate authority. In the meantime, they must be treated in accordance with universally accepted standards of human rights and the principles and spirit of the Geneva Conventions of 1949.
Article 9
Infringements Against United Nations personnel
and associated personnel
1. Intentional fact:
(a) To commit murder or abduction or to carry any other offence against the person or freedom of a member of the United Nations or associated personnel;
(b) To carry against the official premises, The private domicile or means of transport of a member of the staff of the United Nations or of personnel associated with an attack accompanied by violence of such a nature to put his person or his freedom at risk;
(c) threaten to commit such Infringement for the purpose of compelling a natural or legal person to perform any act or to refrain from doing so;
d) To attempt to carry such an infringement; and
e) To participate as an accomplice in such an attack or an attempt to To commit such an infringement, or to organize or order the commission,
is considered by each State party to be an offence under its own domestic
. Each State Party shall make the offences referred to in paragraph 1 liable to appropriate penalties taking into account the seriousness of such offences.
Article 10
Competence
1. Each State Party shall take the necessary measures to establish its jurisdiction for the purposes of knowing the offences referred to in Article 9 in the following cases:
(a) Where the offence is committed in the territory of that State or on board a ship or An aircraft registered in that State;
(b) Where the alleged offender has the nationality of that State.
2. A State Party may also establish its jurisdiction for the purpose of knowing any of these offences:
(a) When committed by a stateless person who has his habitual residence in that State; or
(b) Where the victim is A national of that State; or
(c) Where is committed in order to compel the State to perform any act or refrain from doing so.
3. Any State Party which has established its competence for the cases referred to in paragraph 2 shall notify the Secretary-General of the United Nations. If that State Party subsequently renounces this competence, it shall notify the Secretary-General of the United Nations.
4. Each State Party shall take the necessary measures to establish its jurisdiction for the purposes of knowing the offences referred to in Article 9 in cases where the alleged offender is on its territory and where it does not extradite him in accordance with Article 15 to one of the States which have established their competence pursuant to paragraph 1 or 2.
5. This Convention does not exclude criminal jurisdiction under domestic law.
Article 11
Prevention of offences against United Nations personnel
associated personnel
The States Parties shall cooperate in the prevention of the offences referred to in Article 9, in particular:
(a) By taking all possible measures to prevent the preparation of such offences in their respective territories To be committed within or outside their territories; and
(b) By exchanging information in accordance with their national legislation and by coordinating administrative and other measures, where appropriate, to Prevent the commission of such offences.
Article 12
Exchange of Information
1. Under the conditions laid down in its domestic law, if it has reason to believe that the alleged perpetrator of an offence referred to in Article 9 has fled from its territory, the State Party in whose territory the offence was committed communicates to the Secretary-General of the United Nations and, directly or through the latter, to the State or States concerned, all relevant facts concerning the offence and any information available to it concerning the identity of the The alleged perpetrator.
2. Where an offence referred to in Article 9 has been committed, any State Party in possession of information concerning the victim and the circumstances of the offence shall, under the conditions laid down in its domestic law, endeavour to communicate them Promptly to the Secretary-General of the United Nations and to the State or States concerned.
Article 13
Measures to allow for the prosecution
extradition of a person
1. If it considers that the circumstances so warrant, the State Party on whose territory the alleged offender is located shall take the necessary measures in accordance with its domestic law to ensure that the person concerned is present for the purpose of Prosecution or extradition.
2. The measures taken pursuant to paragraph 1 shall be notified, in accordance with the domestic legislation and without delay, to the Secretary-General of the United Nations and either directly or through the latter:
(a) To the State on The territory of which the offence was committed;
(b) To the State or States of which the alleged offender is a national or, if stateless, to the State in whose territory he has his habitual residence;
(c) State or States of which the victim is a national; and
d) All other interested States.
Article 14
Exercise of criminal action
against suspected perpetrators
The State Party on the Territory from which the alleged offender is discovered, if he does not extradite him, submits the case, without any exception and without undue delay, to his competent authorities for the exercise of the criminal proceedings in accordance with a procedure in accordance with his Legislation. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature in accordance with the law of that State.
Article 15
Extradition of alleged perpetrators Of offenses
1. If the offences referred to in Article 9 do not appear as extraditable offences in an extradition treaty concluded between the States Parties, they shall be deemed to be included as extraditable offences. States Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between
. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition by another State Party to which it is not bound by an extradition treaty, it may consider this Convention as Constituting the legal basis for extradition in respect of such offences. Extradition shall be subject to the requirements of the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall recognise such offences as extraditable offences between them in accordance with the conditions laid down by the law of the requested
. Between States Parties, each of these offences shall be considered for the purposes of extradition as having been committed both at the place of the commission and in the territory of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of Article 10.
Article 16
Mutual assistance in criminal matters
1. States Parties shall afford each other the widest measure of mutual assistance in criminal proceedings against the offences referred to in article 9, including the communication of all the evidence before them And are necessary for prosecution. The required state law is applicable in all cases.
2. The provisions of paragraph 1 shall not affect mutual assistance obligations arising from any other treaty.
Article 17
Fair treatment
1. Any person who is the subject of an investigation or prosecution as a result of any of the offences referred to in article 9 shall be entitled to a fair treatment and trial and to the full protection of his rights at all stages of the investigation or Prosecutions.
2. The alleged offender is entitled:
(a) To communicate without delay with the appropriate representative closest to the State or States of which he is a national or who is otherwise entitled to protect his or her rights or, if he is stateless, The State which, at the request of the person concerned, is prepared to protect its rights; and
(b) To receive a visit from a representative of that State or of those States.
Article 18
Notification of the outcome of proceedings
The State Party in which the alleged perpetrator of an offence is prosecuted communicates the final result to the Secretary-General of the United Nations, who transmits this information to the other States Parties.
Article 19
Dissemination
States Parties undertake to disseminate this Convention as widely as possible, including the inclusion of the study, as well as the provisions of the Convention Relevant to international humanitarian law, in their military training programmes.
Article 20
Backup Clauses
Nothing in this Convention affects:
a) The applicability of international humanitarian law and the universally recognized human rights standards enshrined in international instruments with regard to the protection of United Nations operations, as well as the Staff of the United Nations and associated personnel, or the duty of such staff to comply with the said law and standards;
(b) The rights and obligations of States, in accordance with the Charter of the United Nations, in respect of the Consent to the entry of persons into their territory;
(c) The obligation of United Nations and associated personnel to behave in a manner consistent with the mandate of a United Nations operation;
(d) The right of States which voluntarily provide personnel for a United Nations operation to withdraw such personnel by terminating their participation in the operation; or
e) The right to appropriate compensation in the event of death, disability, Accident or illness of persons voluntarily assigned by a State to a United Nations operation attributable to the exercise of peacekeeping functions.
Article 21
Right of self-defence
Nothing in this Convention can be interpreted as restricting the right of self-defence.
Article 22
Dispute Settlement
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall be submitted to arbitration at the request of one of the Parties. If, within six months after the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, one of them may refer the dispute to the International Court of Justice by filing a Request in accordance with the Statute of the
. Any State Party may, at the time of signing this Convention, ratify, accept, approve or accede to it, declare that it does not consider itself bound by all or part of the provisions of paragraph 1. The other States Parties shall not be bound by paragraph 1 or the relevant part of that paragraph towards a State Party which has made such a
. Any State Party which has made a reservation in accordance with the provisions of paragraph 2 may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.
Article 23
Review Meetings
At the request of one or more States Parties, and with the approval of the majority of the States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties with a view to examining the implementation of the Convention and the problems encountered in its implementation.
Article 24
Signature
This Convention is open for signature Of all States until 31 December 1995 at the headquarters of the United Nations in New York.
Article 25
Ratification, acceptance or approval
This Convention shall be subject to Ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
Article 26
Accession
This Convention shall be Open to the accession of all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 27
Entry into force
1. This Convention shall enter into force thirty days after the date of the deposit with the Secretary-General of the United Nations of twenty-two instruments of ratification, acceptance, approval or
. For any State ratifying, accepting or approving the Convention or acceding thereto after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the date of the Deposit of its instrument of ratification, acceptance, approval or accession.
Article 28
Denunciation
1. Any State Party may denounce this Convention by written notification addressed to the Secretary-General of the United
. The denunciation shall take effect one year after the date on which the Secretary-General of the United Nations has received such notification.
Article 29
Authentic Texts
The original of the This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
Done at New York, December 9, 1994.
Done at Paris, January 7, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
Foreign Minister,
Hubert Vedrine
